§560:3-714 - Persons dealing with personal representative; protection.
§560:3-714 Persons dealing with
personal representative; protection. A person who in good faith either
assists a personal representative or deals with the personal representative for
value is protected as if the personal representative properly exercised the
personal representative's power. The fact that a person knowingly deals with a
personal representative does not alone require the person to inquire into the
existence of a power or the propriety of its exercise. Except for restrictions
on powers of supervised personal representatives which are endorsed on letters
as provided in section 560:3-504, no provision in any will or order of court
purporting to limit the power of a personal representative is effective except
as to persons with actual knowledge thereof. A person is not bound to see to
the proper application of estate assets paid or delivered to a personal
representative. The protection here expressed extends to instances in which
some procedural irregularity or jurisdictional defect occurred in proceedings
leading to the issuance of letters, including a case in which the alleged
decedent is found to be alive. The protection here expressed is not by
substitution for that provided by comparable provisions of the laws relating to
commercial transactions and laws simplifying transfers of securities by
fiduciaries. [L 1996, c 288, pt of §1]